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Posts: 2240

Shifu

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Q: Can I get my salary back?

As the boss kept lying about paying my salary on time, I couldn't take his lie anymore and I just left this bad company.

 

I am thinking of asking the labor office to help me get my salary back. Do you think that they can really help that?

 

During the employment there, the boss kept delaying my paycheck, didn't buy me insurances, didn't sign contract with me, all of his behiviors have violated the labor law.

6 years 33 weeks ago in  General  - China

 
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Emperor

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I'm gonna give you serious advice on this one. If you have a white foreign friend, go back and and talk with your boss, establish the facts during the conversation (you and your friend should secretly video/ audio record it). In front of a foreigner Chinese are less likely to be their Chinesey cheating selves openly (face, and I did say less likely).

Remember to be calm and tactful, your goal is to get him to admit the facts on record, (I'm assuming you don't have proof in writing)

Before you go to the labor dept, you'll need absolute proof. And when you do go to the Labor dept. first go yourself. Then go with your foreign friend. 

I've helped a number of friends in situations like this.

Marcos_Cisneros:

Truly colonialist.  Gunboats up the Yangzste.  Rule Britannia.  The Opium Wars.

The last things she should is to follow your misguided 19th century advice.  The first thing she should do is to report you to the PSB.

6 years 33 weeks ago
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Spiderboenz:

Where is the colonialism?

6 years 33 weeks ago
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Englteachted:

HaHa, Cry baby MC, I'm sure this is not the first time I've exposed you so I am having an extra beer. 

6 years 33 weeks ago
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seansarto:

The Opium "wars": Basically a bunch of junkies happily getting stoned..mostly the upper castes who didn't see a need to illegalize the drug because they are livin' large...and then trying to cheat their dealers until the dealers burned their house down in repayment.."War"? Nope, just bad business. We in the USA see these kind of street "wars" everyday. ..See Prohibition

6 years 33 weeks ago
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Curiousdude:

@viki if u follow his 'serious advice' u hv no chance of gettin' a penny.

lol what a joke!

6 years 32 weeks ago
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Englteachted:

Curious Dude how many friends have you helped get their back salaries? Me, more than 5, (lost count)

6 years 32 weeks ago
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6 years 33 weeks ago
 
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Good move Vicki.

 

Go to the labor office anyway, it's worth a try. Maybe you'll get your money, maybe not but regardless at least you're not working for free any more.

 

 

Marcos_Cisneros:

Vicki, you are not required to deal with he Labour Office.  For  RMB 100 or less, simply file a complaint with the local People's Court, Adjudication Services.  You will not need a lawyer and even in China contractual disputes are resolved rather quickly this way.  The Labour Office will be heavily stacked against you.  You have a much better chance in the People's Court.  Your case will be heard quickly and in most cases, they are usually resolved in favor of the plaintiff, particularly in terms of relatively small amounts.  If your boss looses, he will have to pay all kind of court fees, and other fees to you.  In most cases, when he receives the notice from the People's Court, he will most likely try to settle up with you.

 

6 years 33 weeks ago
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6 years 33 weeks ago
 
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Yes, go to the labor office. 

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6 years 33 weeks ago
 
Posts: 5156

Emperor

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I'm gonna give you serious advice on this one. If you have a white foreign friend, go back and and talk with your boss, establish the facts during the conversation (you and your friend should secretly video/ audio record it). In front of a foreigner Chinese are less likely to be their Chinesey cheating selves openly (face, and I did say less likely).

Remember to be calm and tactful, your goal is to get him to admit the facts on record, (I'm assuming you don't have proof in writing)

Before you go to the labor dept, you'll need absolute proof. And when you do go to the Labor dept. first go yourself. Then go with your foreign friend. 

I've helped a number of friends in situations like this.

Marcos_Cisneros:

Truly colonialist.  Gunboats up the Yangzste.  Rule Britannia.  The Opium Wars.

The last things she should is to follow your misguided 19th century advice.  The first thing she should do is to report you to the PSB.

6 years 33 weeks ago
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Spiderboenz:

Where is the colonialism?

6 years 33 weeks ago
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Englteachted:

HaHa, Cry baby MC, I'm sure this is not the first time I've exposed you so I am having an extra beer. 

6 years 33 weeks ago
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seansarto:

The Opium "wars": Basically a bunch of junkies happily getting stoned..mostly the upper castes who didn't see a need to illegalize the drug because they are livin' large...and then trying to cheat their dealers until the dealers burned their house down in repayment.."War"? Nope, just bad business. We in the USA see these kind of street "wars" everyday. ..See Prohibition

6 years 33 weeks ago
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Curiousdude:

@viki if u follow his 'serious advice' u hv no chance of gettin' a penny.

lol what a joke!

6 years 32 weeks ago
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Englteachted:

Curious Dude how many friends have you helped get their back salaries? Me, more than 5, (lost count)

6 years 32 weeks ago
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6 years 33 weeks ago
 
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If you don't have a signed contract, there might not be much that the labor department can do for you. 

 

Still, it never hurts to try. 

Englteachted:

Weird isn't it, Chinese companies as a whole don't sign contracts as req'd by law so company gets to avoid abiding by the labor laws that pretty much only kicks in if there is a contract

6 years 33 weeks ago
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6 years 33 weeks ago
 
Posts: 2240

Shifu

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I took the picture of the office, the email, I sent the boss a message stating that the time I have worked there and how much salary he ageeed to pay me and how much salary left still. I sent this message to get a proof to go to the labor law's office

Englteachted:

I wish you good luck, 

6 years 33 weeks ago
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Spiderboenz:

Good. Report them. 

I cant believe how patient you were with this, I would have absolutely flipped out if it were me. 

6 years 33 weeks ago
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Stiggs:

Vicki, do you have any emails or messages from your boss saying when payday should be, how much it should be etc? Anything in writing. If you do, have those ready to show.

 

Also get your bank statements for the time you were there, and highlight your salary deposits so you can show they were never on time and you haven't received your last pay.

6 years 33 weeks ago
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6 years 33 weeks ago
 
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So, judging by the down votes...  encouraging someone to Perdue legal action to receive unpaid wages is wrong?

 

 

Or...  there is a multiple-account sock puppet who has a problem with foreigners, and is abusing the "3 down votes makes an answer pseudo-hidden" element.     Isn't having multiple accounts against the TOS?  If not, it should be. 

DO YOUR JOB, ADMIN. 

Stiggs:

Vicki always gets down voted, and anyone giving advice gets the DV too.

 

I'm pretty sure it's the same people doing it, people who have had issues with Vicki in the past and /or who don't 'approve' of some of her posts because they're not about visa problems or who knows anything the XYZ English school.  If you watch who comes online and then notice the DV appear it's a bit of a give away.

 

The others are probably as you say, sock puppets. There's a lot of that going on lately.

6 years 33 weeks ago
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Englteachted:

Cry baby MC and his/ her other accounts/ comrades

6 years 33 weeks ago
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6 years 33 weeks ago
 
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You should have stolen everything that wasn't nailed down like the other employees

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6 years 33 weeks ago
 
Posts: 2240

Shifu

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After I sent message to tell him that I quit and not pick up the boss's call, he freaked out and told me that he have asked the bank to pay all of us on Monday and will show me the insurance payment sheet and sign contract with me. He told me that he just has tight financial problem and he just received his fund to pay salary, I told him to be honest with me and not lying about the payday next time. I told him to tell me direct about financial problem and tell me directly that he will have to delay my paycheck. Really I think I am kind enough to him. So I agreed to stay.

 

But I have an interview lined up on this Sunday as a backup plan. I'll see if I get paid on Monday.

 

If I got paid, I would still stay here, I know this company is shitty. But if I could get paid, I will soon have enough money to invest on alibaba to sell my vacuum pumps and work for myself.

 

I also feel interested in taking the boss's customer one day, I want to learn how to caculate mold fee first if I want to enter the model industry.

 

The boss's Dutch customer is talking about the chance to have me be his model business partner and set up production in China in the future. Hmmmm

 

 

 

The customer already has a factory in Jiangsu producing a diffrent kind of model.

Englteachted:

Let us know 

6 years 32 weeks ago
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Viki87:

Ok. 

I just took one customer from this company tonight. A chile guy who buys truck models to sell on Facebook shop. he buys small quantities and not company's main customer, so it won't harm my sales performance in this company even if I took it for my own profit. So I persuaded him to cooperate with me, I buy for him on taobao, and make some profit and sell to him. He sells to model collectors.

He just asked me to buy two trucks to start. I make 9USD on each truck model.

6 years 32 weeks ago
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6 years 33 weeks ago
 
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